Cap quest! Help please

[miliitant]

Re: Cap quest! Help please

as stated

is the debt assignment done through the lop act, even now

now that is the question

which takes precendance


lop 1925, or the eu directive if the assignment was done say last month but the assignment done under lop

if that makes sense

me thinks we need some more seasoned posters to jump in to add to this debate

[Guest]

Re: Cap quest! Help please

It depends on when the agreement was made(see section 101).

D

[miliitant]

Re: Cap quest! Help please

http://www.google.co.uk/url?sa=t&rct...mXnWDgnM4Fy9iQ

are we on the same page ??

post a link please

[Guest]

Re: Cap quest! Help please

Hi

Sorry don't have a link but it is the EU ammendments directive 20101010, i am sure you can google it, the section i refer'd to is simply the transitory provisions.

Looking at the guide you mentioned, i think that this is the important part;

16.3 Notice does not have to be given where arrangements for servicing the
credit are unchanged as far as the borrower is concerned. For example, if
Creditor A sells his rights under a credit agreement to Creditor B but Creditor
A still collects the borrower’s repayments in the same way and is the only
point of contact for the borrower on matters regarding the agreement, notice
does not have to be given.

It says that notice does not have to be given under these circumstances, this is incompatable with the lopa imo

D

[miliitant]

Re: Cap quest! Help please

the thing that is bugging me is the eu directive is for the cca 1974, not lop 1925

the lop and cca are two pieces of seperate statute legislation

so the question that has to be asked is

is the creditor assigning the rights under the cca (amendments)or lop act

in any other circumstance the EU directive would take precedance, but the directive is aimed at the cca

the lop is totally different archaic legislation that is still valid depending if the assignment is done under which statute provision, cca or lop

i guessed this would start to confuse

[Guest]

Re: Cap quest! Help please

I suppose the definitive answer will only come when the question arises in court, as said this only applies on agreements made this year so we may have to wait a while.

I suspect that the section was intended for the use of creditors transferring ownership of a live agreement, however the way it is worded it could easily apply to an agreement that had been terminated.

D

D

[miliitant]

Re: Cap quest! Help please

I suppose the definitive answer will only come when the question arises in court, as said this only applies on agreements made this year so we may have to wait a while.

I suspect that the section was intended for the use of creditors transferring ownership of a live agreement, however the way it is worded it could easily apply to an agreement that had been terminated.

D

D

that is my take on it

we got their in the end

many thanks for the debate

[CleverClogs]

Re: Cap quest! Help please

Sorry i didn't mean to be obtuse,

Congratulations on having succeeded nevertheless. :tinysmile_hmm_t2:

[CleverClogs]

Re: Cap quest! Help please

Whilst you two have been throwing your handbags at each other, you appear to have missed one significant detail. On the letter from Crapquest, just below the salutation of "Dear Miss --------", there are the words "Debt Purchased From".

Doesn't that mean that Crapquest has an absolute assignment of the alleged debts, which were written off by the original creditor as not collectable and which were therefore sold for perhaps as little as 5% of their original value?

[Guest]

Re: Cap quest! Help please

Congratulations on having succeeded nevertheless. :tinysmile_hmm_t2:

I don't mind clarifying anything your having trouble with, I understand that some need a little more help than others

D

[miliitant]

Re: Cap quest! Help please

through out all the dialogue, that was the point i was making

it all depends on the assignment

absolute or equitable as to lop 1925

do not ask me how we ended up throwing statute and case law at each other

keeps the grey cells going though

[CleverClogs]

Re: Cap quest! Help please

I don't mind clarifying anything your having trouble with,

I was not having any trouble following your 'reasoning', Peter.

[Guest]

Re: Cap quest! Help please

Whilst you two have been throwing your handbags at each other, you appear to have missed one significant detail. On the letter from Crapquest, just below the salutation of "Dear Miss --------", there are the words "Debt Purchased From".

Doesn't that mean that Crapquest has an absolute assignment of the alleged debts, which were written off by the original creditor as not collectable and which were therefore sold for perhaps as little as 5% of their original value?

Yes this is the way they turn a profit.

D

[Guest]

Re: Cap quest! Help please

I was not having any trouble following your 'reasoning', Peter.

I see just names you have a problem with.

D

[CleverClogs]

Re: Cap quest! Help please

Yes this is the way they turn a profit.

Exactly.

Crapquest could offer a discount of 75% and still make a profit.